At what age can a child legally ride without a car seat or booster in California?

1. What the law says now: the 8-year / 4’9” cutoff

California’s official guidance and state summaries repeatedly state that children under 8 must be secured in a car seat or booster in the back seat; once a child is 8 years old or at least 4’9” tall they may legally ride using a regular safety belt ^{[1] [2] [3]}. Practical enforcement and local sheriff/CHP pages reiterate the same rule: back‑seat car seat/booster required until age 8 or 4’9” ^[3].

2. Early-child specifics: rear‑facing and weight/height exceptions

Separately, California requires rear‑facing travel for the youngest children: all children under 2 must ride rear‑facing unless they weigh 40+ pounds or are 40+ inches tall, per state guidance ^{[1] [2] [3]}. The state and safety groups also advise keeping children in each stage of restraint (rear‑facing, forward‑facing harness, booster) as long as they fit the seat’s limits rather than rushing transitions ^{[1] [2]}.

3. Proposals and legislative activity: stricter rules under debate

In 2025 several bills and news stories reported proposals to tighten California’s child restraint rules — examples include AB 435, which would extend booster requirements, add a five‑step fit test to move out of boosters, raise some age thresholds (e.g., keeping boosters until age 10 or banning some teens up to 16 from the front seat unless they meet fit/height tests), and would take effect in future years if passed ^{[4] [5] [7] [8]}. Reporting shows versions of bills vary: some maintain the current age 8 / 4’9” baseline while adding fit tests for older children ^[6].

4. Where reporting and advocates agree — and disagree

Safety advocates, the CHP, AAA and medical groups favor keeping kids in boosters and the back seat longer because boosters substantially reduce injury risk and many children don’t get a good seat‑belt fit at age 8 ^{[4] [5]}. Some news pieces and analyses emphasize a fit‑based approach rather than strict ages, noting the National Highway Traffic Safety Administration recommends removing boosters only when the adult seat belt fits properly ^[6]. Legislative proposals reflect both perspectives: some versions raise age/height mandates, others codify a five‑step fit test to judge readiness ^{[4] [6]}.

5. Practical takeaway for parents and drivers

Under current California law as reflected in official CHP and state safety pages, a child can legally ride without a car seat or booster when they are at least 8 years old OR have reached 4’9” in height and are properly belted ^{[1] [2]}. Authorities and safety experts nonetheless recommend keeping children in booster seats until the lap and shoulder belt fits correctly and keeping children under 13 in the back seat for maximum safety ^{[1] [9]}.

6. Reporting limits and what’s not in these sources

Available sources do not mention the exact current statutory text wording or the specific penal code citations beyond summaries; they instead cite California Vehicle Code Section 27363 in guidance material ^[1]. Also, while several news outlets discuss proposed bills and vetoes, definitive information on laws that might pass later (timing, final language, enforcement practices) is not settled in these items — some versions of the proposal were amended or vetoed in reporting ^{[4] [5] [8]}. For the authoritative statutory language and any post‑2025 changes, consult the official California Vehicle Code or CHP updates ^[1].

7. What to watch next

Follow CHP, the California Department of Public Health, and legislative tracking for AB 435 and related measures: reporting shows active legislative efforts through 2025 to raise age/height requirements or adopt fit tests that could change when a child can ride without a booster ^{[4] [5] [8]}. Media coverage also highlights debates over enforcement and fines, and whether policy should be age‑based or fit‑based — those disagreements will shape any final law ^{[4] [6]}.